Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C., operator of an Unmanned Aircraft System (UAV), hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its UAV, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAV by Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. would be for the purpose of aerial data collection for public and/or private use including architecture, land surveying, engineering and other related professional activities. As described fully below, the requested exemption would permit the operation of a UAV under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's responsibilities to establish requirements for the safe operation of such aircraft systems in the national airspace system. The name and address of the applicant is: Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. Attn: Todd Heckaman Ph: 585-232-5135 Email: theckaman@bergmannpc.com Address: 28 East Main Street, 200 First Federal Plaza, Rochester, New York 14614 Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. will operate the DJI Phantom 2 Vision Plus, with a total weight of 1242g or 2.73lbs and the DJI Phantom 3 Professional, weighing 1280g/2.82lbs. The DJI Phantom 2 Vision Plus dimensions are 35cm x 35cm or 13.77inch x 13.77inch while the DJI Phantom 3 Professional is similarly sized at 40.36cm x 40.36cm or 16inch x 16inch. Maximum speed of either is no more than 15m/s or 33.5mph with a max cruising speed of 8m/s or 18mph.The DJIPhantom 2 Vision Plus and DJI Phantom 3 Professional have the ability to hover and move along a

vertical and horizontal plane simultaneously. The DJI Phantom 2 Vision Plus has four motors, Motor Model DJI 2312, powered by 5700mAh Lithium Polymer battery. The DJI Phantom 3 Professional also has four motors, Motor Model DJI 3510, powered by 4480mAh Lithium Polymer battery. Both UAS use four propellers, Propeller Model DJI E300 in the case of the Phantom 2, Propeller Model DJI 1395 for the Phantom 3. The DJI Phantom 2 Vision will be controlled with the C1 remote controller with an operating frequency of 5.728GHz - 5.850GHz. The Phantom 3 uses the C3 remote controller operating in the same frequency range. The live video feeds will have an operating frequency of 2.412-2.462MHz. The applicant will operate the UAV in line of sight within a closed off and predetermined area owned and/operated by the property representative. Given the small size of the UAV and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay. Aircraft and Safety



### •The UAV will weigh less than 55 lbs.
•The UAV will have a maximum operating speed of no more than 33.5mph and flights will be operated within line of sight of the Pilot in Command and/or Visual Observer.
• Maximum flight time for each operational flight will be 20-25 minutes. Flights will be terminated at 20% battery power reserve or 20-25 minutes of flight time whichever occurs first.
• Flights will be operated at an altitude of no more than 400 feet Above Ground Level
• Minimum crew for each operation will consist of the UAV Pilot, and a Visual Observer.
•The UAV pilot will be the designated Pilot in Command.

### •A briefing and pre-flight check will be performed regarding the planned UAV operations

prior to each flight.
•All flights will occur under Visual Flight Rules based upon meteorological conditions at the time. No flight will be approved if wind conditions exceed those recommended by the UAV manufacturer.
•The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point of a tower controlled or uncontrolled airport.
•Any site within 5 miles of an airport will not be flown without notification and approval of the local FAA Flight Standards District Office (FSDO) and airport controller.
•The operator will obtain verbal/written consent of all persons involved with the planned operation.
•The Pilot in Command and the Visual Observer will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be operated.
•The Pilot in Command and the Visual Observer will be able to communicate by voice, radio, and/or text at all times.
• Written and/or verbal permission and permits will be obtained from local jurisdictions, including law enforcement, fire or other appropriate governmental agencies when applicable.
• If the UAV loses communications with the remote controller or loses GPS signal, the UAV will have the capability to return to a pre-determined location within a designated location and land autonomously.
•The UAV will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies
Additional Information Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. has several pilot certificate holders in the firm as well as numerous current operators of non-commercial UAVs who have a complete understanding of the capabilities of UAVs and the safety concerns involved with their operation. This includes members of AMA, Academy of Model Aeronautics, and those that have completed an eighteen hour classroom based UAS certification course provided by Skyop LLC. We have researched and studied the following FAA regulations and feel that Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. meets or exceeds the requirements and therefore request exemptions from the following rules:14CFR Part 21 subpart H

14CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) Thank you for your consideration and we look forward to hearing from you soon,

Todd Heckaman Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. 28 East Main Street 200 First Federal Plaza Rochester, New York 14614 585-232-5135 theckaman@bergmannpc.com